Vilca & 21 Ors v Xstrata Ltd & Anor [2016] EWHC 389 (QB) (29 February 2016)

Vilca & 21 Ors v Xstrata Ltd & Anor [2016] EWHC 389 (QB) (29 February 2016)

Given the seriousness of the allegations, the need for a fair trial, and the nature of the evidence likely to be found in email traffic, a proportionate but sufficiently broad approach to disclosure is required. Email searches should be prioritized, with further document searches considered only if justified by what is revealed. The 'control issue' regarding documents held by related entities is deferred pending further clarification from those entities. The trial date must be vacated as disclosure cannot be completed in time for a fair trial in June.

Citation
[2016] EWHC 389 (QB)
Parties
Claimants: Daniel Alfredo Condori Vilca & 21 Others; First Defendant: Xstrata Limited; Second Defendant: Compania Minera Antapaccay S.A. (formerly Xstrata Tintaya S.A.)
Jurisdiction
England and Wales
Judgment Date
29 February 2016
Procedural Posture
Civil (tort/personal Injury/corporate Liability) / Case Management Hearing on Disclosure Issues Prior to Trial
Outcome
Applications for further disclosure granted in part; trial date vacated; unresolved disclosure issues adjourned for further clarification and cooperation.
Legal Topics
Disclosure, E Disclosure, Proportionality in Disclosure, Vicarious Liability, Control of Documents, Case Management, International Corporate Responsibility
Civil Procedure Tort Law Corporate Liability Human Rights Disclosure E Disclosure Proportionality in Disclosure Vicarious Liability +3 more

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Parties

Daniel Alfredo Condori Vilca & 21 Others

Claimants

Xstrata Limited

First Defendant

Compania Minera Antapaccay S.A. (formerly Xstrata Tintaya S.A.)

Second Defendant

Procedural Posture

Civil (tort/personal Injury/corporate Liability) / Case Management Hearing on Disclosure Issues Prior to Trial

Legal Issues

  1. 1 Scope and proportionality of disclosure obligations in complex multinational litigation
  2. 2 Identification of custodians and sources for e-disclosure
  3. 3 Appropriate methodology for electronic and hard copy document searches

Ratio Decidendi

Given the seriousness of the allegations, the need for a fair trial, and the nature of the evidence likely to be found in email traffic, a proportionate but sufficiently broad approach to disclosure is required. Email searches should be prioritized, with further document searches considered only if justified by what is revealed. The 'control issue' regarding documents held by related entities is deferred pending further clarification from those entities. The trial date must be vacated as disclosure cannot be completed in time for a fair trial in June.

Court Disposition

Applications for further disclosure granted in part; trial date vacated; unresolved disclosure issues adjourned for further clarification and cooperation.

Orders

  • Defendants to conduct further email searches for specified custodians and keywords, including 'Hormigas en acción'.
  • Parties' IT experts to attempt to agree methodology for fileserver searches; if not, court to decide on written submissions.